Karlsruhe
BGH is negotiating the real name requirement on Facebook
Can Facebook require all users to use their real names for their profiles? This question will now occupy the Federal Court of Justice (BGH). Photo: Mohssen Assanimoghaddam / dpa
© dpa-infocom GmbH
Facebook users should appear under their real names – otherwise they will be blocked. But what about the right to anonymity online? A BGH judgment is expected – but only in the new year.
Two Facebook users who want to manage their profiles under a pseudonym have a good chance before the Federal Court of Justice (BGH).
However, this is mainly due to the fact that old terms of use from 2015 and 2018 are relevant in their cases, which the judges consider to be ineffective for various reasons, as became apparent on Thursday at the Karlsruhe hearing. When assessing more recent disputes, however, the new EU data protection law that came into force in May 2018 would play a role. What applies today will probably only be clarified in further proceedings. The decision is to be announced after the turn of the year, on January 27th. (Az. III ZR 3/21 etc.)
Facebook relies on the so-called real name requirement, so users should use their real names. Otherwise, you face the risk of your account being blocked. The two plaintiffs, a man and a woman, want to be able to express their opinions anonymously.